Oregon Administrative Rules
Chapter 330 - DEPARTMENT OF ENERGY
Division 135 - 1.5 PERCENT FOR GREEN ENERGY TECHNOLOGY IN PUBLIC BUILDING CONSTRUCTION CONTRACTS
Section 330-135-0025 - Eligible Contract Price

(1) The 1.5 percent to be spent on green energy technology, energy use efficiency, or woody biomass energy technology must be based on the total contract price.

(2) The total contract price must not be reduced by federal, state, or other incentives that may be available for the green energy technology, energy use efficiency, or woody biomass energy technology.

(3) Any constitutionally, statutorily or contractually dedicated government funds for the building that have been determined to be unavailable for the installation of green energy technology, energy use efficiency, or woody biomass energy technology may be excluded when determining eligible costs under this section.

(4) For buildings with a joint public-private ownership, the total contract price must be pro-rated based on the contracting agency's share of the ownership.

(5) For buildings that are being constructed or renovated with private funding but which are intended for ultimate ownership by a contracting agency, the total contract price must include the privately-funded share of the construction contract.

(6) Dividing a single project into multiple smaller projects in order to avoid or reduce the level of compliance with ORS 279C.527 through 279C.528 and Oregon Laws 2019 chapter 160 (HB 2496) and these rules is not permitted.

(7) The total contract price used for the purposes of calculating a contracting agency's 1.5 percent obligation for expenditure on green energy technology, energy use efficiency, or woody biomass technology shall be the anticipated, budgeted costs for all required elements of the total contract price as best known to the contracting agency during project planning and schematic design phases.